spouse in usa on B2 visa

[christeen 966]

I concur with Sachinky, although legally you can apply for adjustment of status, I would not recommend it since you were granted a B2 for a family emergency... If for some reason they believe that you got the B2 with the intention to circumvent laws and keep your SO with you in America, then it could trigger a world of problems not to say the least of which could be a ban for a number of years for visa fraud...

Best thing to do in my opinion is to submit the paperwork for the I-130 along with the necessary documents. Your spouse can remain here while that paperwork is in process and there is a good chance that you will be through the NVC portion before they have to return home... But be certain NOT TO OVERSTAY THE B2 VISA!!! When your spouse returns to India, they can finish up the processing and do the interview and enter with a GC...

I recommed this as you were extended a HUGE courtesy by immigration granting the emergency visa, do not jeopardize your future not to mention the many others after you who may also need this service by abusing a loophole in immigration law... I know that it really sucks to be seperated, but you will get through it and have done it the proper way.

[LaL 418]

I think you need to consult an attorney to see what ramifications (if any) might be waiting for you as a result of a second legal marriage.

[Boiler 45,514]

You have two complications, one would be worth a visit to a lawyer.

The B2 Visa was valid for 3 months, the duration of the stay is decided on entry.

[john_and_marlene 162]

i was just going to remain with him in india until i got word of my mothers death. it wasnt until arriving back to the usa that i felt the need to try to work it out to stay here for the rest of my family.

You can file for adjustment of status without returning to India. File the I-130 petition with the adjustment of status application. You ARE allowed to change your plans.

[edp333 9]

You can file for adjustment of status without returning to India. File the I-130 petition with the adjustment of status application. You ARE allowed to change your plans.

Yes, kathykauer can send in the I-130 and I-485. The issue is how will the USCIS view coming to the US on a B2 visa, getting remarried, and then filing? Best case scenario is the interview goes well and the green card is approved. Worst case scenario is a lifetime ban on her husband.

If the USCIS even suspects fraud the proof is on the applicants. That is why many are suggesting consulting a good immigration lawyer first.

[john_and_marlene 162]

Yes, kathykauer can send in the I-130 and I-485. The issue is how will the USCIS view coming to the US on a B2 visa, getting remarried, and then filing? Best case scenario is the interview goes well and the green card is approved. Worst case scenario is a lifetime ban on her husband.

If the USCIS even suspects fraud the proof is on the applicants. That is why many are suggesting consulting a good immigration lawyer first.

And, any good immigration attorney will be aware of the case law provided by Cavazos and Ibrahim that keeps them from your worst case scenario.

[edp333 9]

And, any good immigration attorney will be aware of the case law provided by Cavazos and Ibrahim that keeps them from your worst case scenario.

• Matter of Cavazos , 17 I. & N. Dec. 215 (BIA, 1980) . In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

• Matter of Ibrahim , 18 I. & N. Dec. 55 (BIA, 1981). The benefits of Matter of Cavazos , supra , are limited to immediate relatives, and an application for adjustment by a fifth preference immigrant with a preconceived intention to remain is properly denied in the exercise of discretion.

The phrases “should generally be granted in the exercise of discretion notwithstanding” and “is properly denied in the exercise of discretion” are not very reassuring.

It is still up to the discretion of the interviewing officer and/or mercy of the Attorney General.

While intending immigrants may have and lawfully seek to exercise a dual intent to be a visitor or student now and an immigrant later, it is against U.S. law to enter the U.S. as a visitor or student with the intent to wait for or seek immigrant status while in the U.S. Anyone who attempts to enter the U.S. by misrepresentation, or unlawfully, may face severe sanctions up to and including permanent ineligibility to enter the U.S.

Link to quote.

Edited January 11, 2010 by edp333